Venue: Legislation has been passed that allows Council's to conduct Committee meetings remotely.
Contact: Mark Devin, Democratic Services Officer (Committees) Telephone 01392 265477 or email firstname.lastname@example.org
To approve and sign the minutes of the meeting held on 26 May 2020.
The minutes of the meeting held on 26 May 2020 were taken as read, approved and signed by the Chair as correct.
Declarations of Interest
Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item. Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.
No declarations of interest were made by Members.
Local Government (Access to Information) Act 1985 - Exclusion of Press and Public
To pass the following resolution:
RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for item 5 on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I of Schedule 12A of the Act.
RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part I, Schedule 12A of the Act.
Application for Consent to Street Trade at Multiple Locations
To consider the report of the Service Lead - Environmental Health & Community Safety.
The Chair introduced the Committee. The Legal Advisor set out the procedure, the Council’s Street Trading Policy (‘the Policy’) and the requirements under the Local Government (Miscellaneous Provisions) Act 1982. Legal Advisor stated that whilst the Policy required the Applicant to obtain landowner consent to trade prior to making an application the Licensing Committee may depart it’s from the Policy if it considers there to be good reason to do so. The Applicant at this stage did not wish to proceed with the application to trade at Bridge Road and Betty’s Mead Playing Field Car Park and confirmed that approval was being sought at:-
· Ide Lane, Exeter, EX2 8UP;
· Mortimer Court , Exeter, EX2 6NN;
· Newcourt Community Centre Car Park, EX2 7FN;
· Pinhoe Train Station Car Park, EX1 3SY;
· Glasshouse Lane EX2 7BL; and
· St Leonards EX2 4LS.
The Principal Licensing Officer, presented the report which advised the Committee that the applicant was seeking approval to engage in street trading at the above locations, selling Fish & Chips, Sausages, Mussels, Scallops, Fishcakes and soft drinks and had applied to trade for a three-month period. The Applicant had submitted maps highlighting the proposed locations and confirmed that Devon County Highways had been notified of the application. The Applicant had also submitted a photograph of the proposed purpose-built food trailer, which when opened would be 13-foot-long by 5 foot in width and contain a small power generator. The Applicants were registered Exeter City Council Environmental Health Department for food hygiene purposes, however the business had yet to be inspected.
The Applicant was attendance and spoke in support of the application, confirming that it was her intention to sell the food using environmentally friendly materials. It was the intention initially to trade for four nights a week but this could increase to five nights, if there was sufficient demand. The Applicant confirmed that there was no longer the intention to trade from the Bridge Road site and Betty’s Mead Playing Field Car Park as she had been unable to ascertain the land ownership. She felt that the sale of food would be of value to the community particularly at this time of the Covid-19 pandemic when people would be reluctant to visit restaurants. The Applicant confirmed that she would be using a campsite approved generator in the food trailer.
In response to questions from Members and the Legal Advisor, the Applicant responded: -